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Questions regarding intermittant FMLA in ME Maine

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  • Questions regarding intermittant FMLA in ME Maine

    Hi there,

    I am a full time employee in the state of Maine. I have been working for my company going on two years. After my first year anniversary, I filed for intermittant FMLA. I have a child with severe health issues and 24/7 nursing care that tends to have gaps in coverage.

    I was informed today by my employer, that on top of my re-certification, that i do every three months, I now have to provide an additional form of verification regarding my intermittant fmla. Basically if I have to go to a dr's appt with my child I have to get a doctors note. Or if she is without nursing coverage for a day, I have to get some sorta proof of this.

    I am very frustrated by this, because, in all times that I have to request time off i am very good at filling out forms, and requesting time off as far ahead as possible and when possible. If they feel that I have not provided enough proof for my certification, I would welcome a re-certification. It would be alot easier process for me then having to do a "note" each time I am required to leave early or not be at work.

    I am trying to find out if they can ask for this. I am under the understanding that the law requires the certification, and if the employer questions this certification they can ask for an re-cert. What they are asking for, in my opinion, is above and beyond what the law states I am required to give. The regular fmla employees are not being asked to show proof every day they are out. Just the intermittant fmla. This seems discriminatory to me.

    Can anyone advise me on this? I am very concerned. Her issues are chronic and on going. I do not want to get into a situation where this will be a problem.
    Last edited by keeky27; 07-31-2009, 01:38 PM.

  • #2
    They cannot require recertification any more often than once every 30 days.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      That is what I thought. So what is up with the note thing? How do I tell them no w/o getting in trouble?

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